16.10.2017

Official Journal of the European Union

C 347/14

(Case C-466/17)

(2017/C 347/18)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Chiara Motter

Defendant: Provincia autonoma di Trento

Questions referred

1.For the purposes of applying the principle of non-discrimination pursuant to clause 4 of the framework agreement, is the requirement to pass an initial objective test of professional qualifications in a public selection procedure a factor that can be ascribed to the training requirements that the national court must take into account in order to determine whether there is comparability between the situation of a permanent worker and that of a fixed-term worker and in order to decide whether this constitutes an objective ground capable of justifying a difference in treatment between permanent workers and fixed-term workers?

2.Does the principle of non-discrimination under clause 4 of the framework agreement preclude a national provision (such as that contained in Article 485(1) of Legislative Decree No 297 of 16 April 1994) which lays down that, in order to determine seniority at the time of admittance to the permanent staff under a permanent employment contract, the first four years of service performed on a fixed-term basis are counted in full but subsequent periods are reduced by one-third for legal purposes and by two-thirds for salary purposes if one considers the absence, for the purposes of fixed-term employment, of a requirement to pass an initial objective test of professional qualifications in a public selection procedure?

3.Does the principle of non-discrimination under clause 4 of the framework agreement preclude a national provision (such as that contained in Article 485(1) of Legislative Decree No 297 of 16 April 1994) which lays down that, in order to determine seniority at the time of admittance to the permanent staff under a permanent employment contract, the first four years of service performed on a fixed-term basis are counted in full but subsequent periods are reduced by one-third for legal purposes and by two-thirds for salary purposes, if one considers the objective of preventing reverse discrimination against career civil servants recruited after passing a general competition?